The company has no right to dismiss, but if an employee is found to have hepatitis B, the employee must be removed from the production line. If the company dismisses the employee, it must make compensation according to the provisions of the labor law.
The employer can dissolve the labor relationship with you (dismissal) in the following three situations. Under your own control, if you should pay economic compensation or compensation but didn't pay it to you, you can apply for labor arbitration. For detailed consultation, you can contact me:
1. If the employer dissolves the labor relationship with you without any reason and without paying any economic compensation, you don't have the situation stipulated in Article 39 of the Labor Contract Law. It can be concluded that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid compensation, that is, you should be paid 2 months' salary for each year of work;
2. If the employing unit terminates the labor relationship with you according to the circumstances stipulated in Article 19 of the Regulations for the Implementation of the Labor Contract Law, if it meets the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, pay you one month's salary for each year of work;
3. If you have the situation stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance to terminate the labor contract with you.
Labor Contract Law:
Article 39 The employing unit may terminate the labor contract in any of the following circumstances:
(1) It is proved that the employee does not meet the employment conditions during the probation period;
(2) seriously violating the rules and regulations of the employing unit;
(3) serious dereliction of duty and graft, which has caused great damage to the employing unit;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to correct after being put forward by the employer;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) being investigated for criminal responsibility according to law.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee:
(1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 41 of this Law;
(4) the employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) The fixed-term labor contract is terminated in accordance with the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) the labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(7) other circumstances stipulated by laws and administrative regulations.
article 47 the economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
if the monthly salary of a worker is three times higher than the average monthly salary of employees in the local area published by the municipal people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the maximum period for paying economic compensation to the worker is not more than 12 years.
the monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
article 87 if an employer dissolves or terminates a labor contract in violation of the provisions of this law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in article 47 of this law.
Regulations on the Implementation of the Labor Contract Law
Article 19 is under any of the following circumstances. In accordance with the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate the fixed-term labor contract, the non-fixed-term labor contract or the labor contract with the completion of certain tasks as the term: (1) The employer and the employee reach an agreement through consultation;
(2) The employee is proved not to meet the employment conditions during the probation period;
(3) The laborer seriously violates the rules and regulations of the employing unit;
(4) The laborer seriously neglects his duty and engages in malpractices for selfish ends, thus causing great damage to the employing unit;
(5) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to correct after being put forward by the employer;
(6) The employee uses fraud, coercion or taking advantage of the danger of others, and the employer concludes or changes the labor contract against its true meaning;
(7) The laborer is investigated for criminal responsibility according to law;
(8) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(9) The laborer is not qualified for the job, and is still not qualified for the job after training or job adjustment;
(11) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the contents of the labor contract after consultation;
(11) The employer reorganizes in accordance with the provisions of the Enterprise Bankruptcy Law;
(12) the employer has serious difficulties in production and operation;
(13) The enterprise needs to reduce its staff after changing the labor contract due to the change of production, major technological innovation or adjustment of operation mode;
(14) The labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract was concluded.
anyone who does not meet the above conditions can apply for compensation.